WORLD TRADE  
ORGANIZATION  G/SPS/N/USA/2195 
14 April 2011  
 (11-1899) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
NOTIFICATION 
 
1. Notifying Member:  UNITED STATES
 
If applicable, name of local government involved:    
2. Agency responsible:  Food Safety and Inspection Service (FSIS), USDA 
3. Products covered (provide tariff item numbe r(s) as specified in national schedules 
deposited with the WTO;  ICS numbers should be provided in addition, where 
applicable):  All amenable meat and poultry products sampled for adulterants 
4. Regions or countries likely to be affected, to the extent relevant or practicable: 
[X] All trading partners   
[ ] Specific regions or countries:    
5. Title of the notified document:  Not Applying the Mark of Inspection Pending Certain 
Test Results  Language(s):  English  Number of pages:  19 
6. Description of content:  The Food Safety and Inspection Service (FSIS) is announcing its 
intention to change its procedures and wit hhold a determination as to whether meat and 
poultry products are not adulterated, and thus eligible to enter commerce, until all test 
results that bear on the determination have been received.  Inspection programme personnel 
periodically sample products for adulterant s to verify an establishment's regulatory 
compliance.  The Agency's practice has been to  allow these products to bear the mark of 
inspection, and to enter commerce, even though the test results have not been received.  
FSIS has asked, but has not required, official est ablishments to maintain  control of products 
represented by a sample pending test results.  Because establishments, including official import inspection establishments, are not cons istently maintaining control of product, 
despite FSIS's request that they do so, a dulterated product is entering commerce.  
Therefore, FSIS is announcing its intention not to apply the mark of inspection until 
negative results are available and received for any testing for adulterants conducted by the 
Agency. 
7. Objective and rationale:  [X] food safety, [ ] animal health, [ ] plant protection, 
[  ] protect humans from animal/plant pest or disease, [ ] protect territory from other 
damage from pests.    G/SPS/N/USA/2195 
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  8. Is there a relevant international stan dard?  If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g.  title or serial number of Codex standard 
or related text)   
[ ] World Organization for Animal Health (OIE) (e.g. Terrestrial or Aquatic 
Animal Health Code, chapter number)    
[ ] International Plant Protection Convention (e.g. ISPM number)    
[X] None Does this proposed regulation conform to the relevant international standard?   
 [ ] Yes   [ ] No 
 If no, describe, whenever possible, how and why it deviates from the 
international standard:    
9. Other relevant documents and language (s) in which these are available:  This 
document has been published in the Federal Regi ster and can be found at:  Federal Register 
Volume 76, Number 69 (Monday, 11 April 2011, Pages 19952-19970) or online at http://www.fsis.usda.gov/OPPDE/rdad/FRPubs/2005-0044.htm
   
10. Proposed date of adoption (dd/mm/yy) :  To be determined. 
Proposed date of publication (dd/mm/yy) :  To be determined. 
11. Proposed date of entry into force:  [ ] Six months from date of publication , and/or  
(dd/mm/yy) :  To be determined. 
[ ] Trade facilitating measure   
12. Final date for comments:  [ ] Sixty days from the date of circulation of the notification 
and/or (dd/mm/yy) :  11 July 2011 
Agency or authority designated to handl e comments:  [ ] National Notification 
Authority, [ ] National Enquiry Point.  Address, fax number and e-mail address (if 
available) of other body:   
Comments may be submitted by either of the following methods: 
• Federal eRulemaking Portal:  this website provides the ability to type short comments 
directly into the comment field on this web page or attach a file for lengthier comments.  Go to http://www.regulations.gov
.  Follow the online instructions at that site for 
submitting comments.  
• Mail, including diskettes or CD-ROMs, and hand-delivered or courier-delivered items: 
Send to Docket Clerk, U.S. Department of  Agriculture (USDA), FSIS, Room 2-2127, 
George Washington Carver Center, 5601 S unnyside Avenue, Mails top 5474, Beltsville, 
MD 20705-5474.  
Instructions:  All items submitted by mail or electronic mail must include the Agency name 
and docket number FSIS-2006-0044.  Comments recei ved in response to this docket will be 
made available for public inspection and post ed without change, including any personal 
information, to http://www.regulations.gov .  G/SPS/N/USA/2195 
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  13. Texts available from:  [X] National Notification Authority, [ ] National Enquiry Point.  
Address, fax number and e-mail address (if available) of other body:   United States 
SPS National Notification Authority, USDA Fore ign Agricultural Service, International 
Regulations and Standards Division (IRSD), Stop 1027, Washington D.C. 20250;  Tel:  +(1 202) 720 1301;  Fax:  +(1 202) 720 0433;  E-mail:  us.s psenquirypoint@fas.usda.gov